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Friday, April 12, 2013

Alex Rodriguez Believed to Be Behind Purchase of Clinic Documents

The New York Times reported online Thursday that Major League Baseball had purchased documents from a former employee at the clinic, which operated under the name Biogenesis of America and is now closed, in an effort to uncover evidence that would link the clinic to the distribution of performance-enhancing drugs. The article also stated that one major league player had also purchased clinic documents from a former clinic employee so that they could be destroyed. That player was not identified until Friday, when the two people said it was Rodriguez, the 37-year-old Yankees third baseman currently rehabilitating from off-season hip surgery.

A spokesman for Rodriguez flatly denied the allegation Friday.

 

Gamingboy Posted: April 12, 2013 at 05:14 PM | 30 comment(s) Login to Bookmark
  Tags: alex rodriguez, biogenesis, does anything surprise anybody anymore, steroids

Reader Comments and Retorts

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   1. AndrewJ Posted: April 12, 2013 at 06:25 PM (#4412284)
As Johnny Sycophant-Laden Fora said in another thread: "If true, boy oh boy will this be entertaining, need to get a chair and some popcorn"

Nice tag, Gamingboy.
   2. valuearbitrageur Posted: April 12, 2013 at 06:54 PM (#4412305)
Methinks this could be viewed as an admission of guilt by some people.
   3. Arbitol Dijaler Posted: April 12, 2013 at 07:07 PM (#4412310)
Of course it was.
   4. valuearbitrageur Posted: April 12, 2013 at 07:32 PM (#4412341)
If this is true, A-Rod just gave the MLB a huge gift. The MLB was perilously close to losing this one entirely.

First their misguided suit against Biogensis opened the league itself up to a huge discovery risk.

Then they are attempting to buy evidence, which is likely of questionable value. "Did you work at Biogenesis?, "Si, Señor!", "Do you have access to patient records?", "Si, Señor!", "We would like to pay you for copies of those records.", "Of course, what players do you want me to forge, er, get records for, cabrón?"

If they can prove A-Rod did this, the league can probably suspend him for as long as they want. My understanding of the CBA's drug policies is only from what better posters than I have have written here, but I seem to remember policies on association (which so far they haven't been able to use against any MLB players) with known distributers, but also on attempts to cover-up or hide activities.
   5. bobm Posted: April 12, 2013 at 07:46 PM (#4412357)
A spokesman for Rodriguez flatly denied the allegation Friday quoted him saying, "And I would have gotten away with it, too, if it weren't for you meddling kids!"


FTFAR
   6. Depressoteric feels Royally blue these days Posted: April 12, 2013 at 07:59 PM (#4412369)
Too Good To Check.
   7. The Yankee Clapper Posted: April 12, 2013 at 08:59 PM (#4412446)
This ESPN Outside The Lines article suggests MLB may not have an air tight case against anyone:
The New York Times reported Friday that MLB investigators had evidence that Rodriguez bought documents from a Biogenesis employee, but a source close to MLB's investigation said that was not correct.

. . .
Fischer has been one of the most wanted men for some time in the Biogenesis scandal. Numerous former associates of Bosch's say they believe he gave documents to the New Times. After the New Times broke its story in January, a hunt began for Fischer who was described in documents as Biogenesis' marketing director.
. . .
Found at the foot of the door in March, as the dogs could be heard barking aggressively inside, was a business card and handwritten note from an MLB investigator, reading: "Please call -- we know time is $. Call ASAP." Sources said Fischer has met with MLB investigators, but was described as being "not particularly helpful"

   8. Yastrzemski in left. Posted: April 12, 2013 at 10:31 PM (#4412658)
Can Albert hit 300 more and straighten this mess out?
   9. Harveys Wallbangers Posted: April 12, 2013 at 10:37 PM (#4412673)
sigh
   10. Pat Rapper's Delight Posted: April 12, 2013 at 11:04 PM (#4412710)
Probably would have been cheaper for A-Roid to just hire Melky's friends who dabble in website design.
   11. Joey B. Posted: April 13, 2013 at 11:11 AM (#4412959)
If baseball had a real commissioner with some balls, this piece of sh*t reprobate criminal would be banned from the game for life and the remainder of his contract voided.
   12. A big pile of nonsense (gef the talking mongoose) Posted: April 13, 2013 at 11:56 AM (#4412984)
But that would benefit the Yankees -- unacceptable.

Which of course means it'll probably happen.
   13. Bourbon Samurai Posted: April 13, 2013 at 12:06 PM (#4412986)
If this gets the Yankees out of their nine billion dollar contract I'll be super pissed
   14. Jolly Old St. Nick Is A Jolly Old St. Crip Posted: April 13, 2013 at 01:13 PM (#4413016)
If this gets the Yankees out of their nine billion dollar contract I'll be super pissed

The only proper response to that.
   15. Ray (RDP) Posted: April 13, 2013 at 05:57 PM (#4413350)
I'd have to think more about this, but let's assume arguendo it's true that ARod purchased these documents. In that case the issues as I see them are:

1. Is it illegal for ARod to purchase/destroy his own medical records before they become public or fall into the hands of third parties? Was there a criminal investigation going on at the time he did this? Do the records show anything illegal?

2. Is it a violation of MLB's drug policy for ARod to purchase/destroy his own medical records before they become public? Do the records reveal that ARod violated MLB's drug policy? Would it matter if they did? Could MLB suspend him merely for purchasing the records? It depends what the drug policy says.
   16. Walt Davis Posted: April 13, 2013 at 06:13 PM (#4413379)
Is it illegal for ARod to purchase/destroy his own medical records before they become public or fall into the hands of third parties?

Surely it is illegal under HPAA for a third party (and it's his employer) to purchase ARod's medical records.
   17. bobm Posted: April 13, 2013 at 07:06 PM (#4413427)
Surely it is illegal under HPAA for a third party (and it's his employer) to purchase ARod's medical records

A-Rod denied they are his records. I am sure MLB would be happy to defend itself if A-Rod sued over a privacy violation of his medical records showing he used unapproved substances.

Further, if A-Rod never saw a licensed medical doctor at the clinic nor had a legitimate prescription, are these records any more HIPAA protected than a drug dealer's?
   18. Jack Carter, calling Beleaguered Castle Posted: April 13, 2013 at 08:02 PM (#4413448)
If this is true, A-Rod just gave the MLB a huge gift. The MLB was perilously close to losing this one entirely.


I truly don't know, but why would it be illegal for Rodriguez to buy his own patient records (or simply request them) and destroy them?

I understand that few medical outfits would want to surrender originals without making copies (harder to defend against suits that way), but I doubt it is illegal for them to surrender originals to the patient whom they describe.

Further, if A-Rod never saw a licensed medical doctor at the clinic nor had a legitimate prescription, are these records any more HIPAA protected than a drug dealer's?

Though, how would you examine those records to find that out without a subpoena, or without looking illegally. And, wouldn't Rodriguez still be entitled to purchase those records and do whatever he wanted with them?
   19. Random Transaction Generator Posted: April 13, 2013 at 08:45 PM (#4413463)
If baseball had a real commissioner with some balls, this piece of sh*t reprobate criminal would be banned from the game for life and the remainder of his contract voided.


What did ARod do that was criminal? Has he been charged with any crime in this or any other investigation?
Or does that just not matter in your eyes?



   20. The Yankee Clapper Posted: April 14, 2013 at 12:09 AM (#4413542)
Not sure why this guy Fisher isn't in trouble for apparently offering medical records to the highest bidder. Losing money on his investment in the clinic -- even if he was cheated -- doesn't allow him to peddle medical records. Not sure he'll have much credibility if his testimony is needed at some point, and he seems like a good candidate to take the 5th in any event.
   21. Joey B. Posted: April 14, 2013 at 10:37 AM (#4413624)
What did ARod do that was criminal? Has he been charged with any crime in this or any other investigation?
Or does that just not matter in your eyes?


He routinely engages in illegal gambling and drug trafficking, just like his scumbag cousin, just to name a couple of his criminal activities.

And now he's actively trying to disrupt an ongoing investigation and obstruct justice. Baseball ought to immediately disassociate itself from this sociopath and all his friends and associates for good.
   22. Non-Youkilidian Geometry Posted: April 14, 2013 at 10:47 AM (#4413629)
He routinely engages in illegal gambling ...


With Allbert Belle? I can't recall having heard anything like this. Did I miss it, or did you just pull this out your ass in your usual manner?
   23. Eric J can SABER all he wants to Posted: April 14, 2013 at 11:34 AM (#4413653)
And now he's actively trying to disrupt an ongoing investigation and obstruct justice.

Wikipedia:

The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials.


MLB is thankfully not a government body, so I don't see how this applies in any way.
   24. Misirlou was a Buddhist prodigy Posted: April 14, 2013 at 11:57 AM (#4413665)
And now he's actively trying to disrupt an ongoing investigation and obstruct justice.


I agree this looks bad from a PR standpoint, and as a fan I'm entitled to my opinion that his "crime" against baseball is far worse than Mac's or Barry's, and thus am leaning toward "no HOF for you." But from a legal standpoint, I don't see how this is any more obstruction than refusing to testify against yourself.
   25. Misirlou was a Buddhist prodigy Posted: April 14, 2013 at 11:59 AM (#4413666)
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials.



MLB is thankfully not a government body, so I don't see how this applies in any way.


What if a party purposely hides or destroys evidence during the discovery phase of a civil suit? Is that illegal (penalty of incarceration), or merely sanctionable (monetary damages)?
   26. SoSH U at work Posted: April 14, 2013 at 12:10 PM (#4413682)


With Allbert Belle? I can't recall having heard anything like this. Did I miss it, or did you just pull this out your ass in your usual manner?


He was involved in some backroom card game years back. That's the only thing that jumps out at me.
   27. bobm Posted: April 14, 2013 at 12:21 PM (#4413697)
I'm so sick of all these ballplayers like Alex Rodriguez and Albert Belle with all their routinely engaging in illegal gambling and drug trafficking and everything.
   28. Ivan Grushenko of Hong Kong Posted: April 14, 2013 at 12:33 PM (#4413710)
What if a party purposely hides or destroys evidence during the discovery phase of a civil suit? Is that illegal (penalty of incarceration), or merely sanctionable (monetary damages)?

I don't see why a person can't destroy evidence in a civil suit between two other parties. If Bob sues Mary, why can't Bill destroy evidence as long as he's not conspiring with either Bob or Mary?
   29. Gonfalon Bubble Posted: April 14, 2013 at 02:11 PM (#4413787)
I like to picture Joey B. stomping down the streets of his neighborhood, shouting abuse at trees and insulting mailboxes.
   30. Bowling Baseball Fan Posted: April 14, 2013 at 03:49 PM (#4413904)
Were they on his lawn? And did they need to get off?

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